Judge Rules Woman Who Texted Driver Can’t Be Sued

By now, we all should know the dangers — and liabilities — associated with driving and texting. But what about the dangers of texting drivers?

A Morris County, N.J., judge ruled Friday that a young woman can’t be sued for sending a text message to a man who caused an wreck that seriously injured two people, the Star-Ledger reported.

Judge David Rand said the case was the first of its kind in the state. In dismissing the woman from the complaint, the judge cited GPS devices, large billboards and push notifications from news websites as similar distractions that drivers have the responsibility to avoid, the Ledger noted.

“I find that there was no aiding, abetting here in the legal sense,” Judge Rand said in the ruling. “I find it is unreasonable to impose a duty upon the defendant in this case under these facts. Were I to extend this duty, in my judgment any form of distraction could potentially serve as basis of a liability case.”

Judge Rand also indicated that he searched for precedent and found nothing directly on point in or out of New Jersey, the New Jersey Law Journal reported. The closest he came was a case called Durkee v. Jett (2011), which he said was instructive, but not controlling.

In that case, a federal judge in North Carolina threw out a products liability claim from people injured when a tractor-trailer hit a car because the driver was allegedly distracted by a text from the dispatcher, NJLJ noted.

The New Jersey ruling leaves intact the claim against the driver, who pleaded guilty to careless driving, improper use of a cell phone and failure to stay in lane.

The attorney for the injured couple said his clients plan to appeal the ruling dismissing the woman who sent the message, NJLJ noted.

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